Article 6
Conditions in accordance with which the consolidation is to be carried out in cases where two or more institutions or financial institutions are placed under single management other than pursuant to a contract, clauses of their memoranda or articles of association
1. A competent authority shall determine the consolidation of two or more institutions or financial institutions that are placed under single management other than pursuant to a contract, clauses of their memoranda or articles of association for the purposes of Article 18(6), point (b), of Regulation (EU) No 575/2013, where the following conditions are met:
|
(a) |
the competent authority has carried out an assessment aimed at verifying that the institutions’ or financial institutions’ financial and operating policies are effectively coordinated; and |
|
(b) |
the institutions or financial institutions concerned are not related within the meaning of Article 22(1), (2) and Article 22(7), point (b), of Directive 2013/34/EU. |
2. For the purposes of paragraph 1, point (a), competent authorities may, in particular, take into account the following elements as indications of the existence of the situation referred to in that point:
|
(a) |
the institutions or financial institutions concerned are controlled directly or indirectly, by the same natural person or persons, or by the same entity or entities; |
|
(b) |
a majority of the members of the institutions’ or financial institutions’ administrative, management or supervisory body consists of persons appointed by the same natural person or persons or by the same entity or entities, even if those members do not consist of the same persons. |
3. In the cases referred to in this Article, competent authorities shall permit or require the use of the method of consolidation provided for in Article 22(8) and (9) of Directive 2013/34/EU.
4. Article 2(1), (2) and (3) of this Regulation shall apply for the purposes of determining the entity responsible for ensuring compliance with the requirements referred to in Part One, Title II, Chapter 2, Section 1, of Regulation (EU) No 575/2013 on the basis of the consolidation situation of all institutions and financial institutions referred to in paragraph 1 of this Article.